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USMC | DRB | 2014_Marine | MD1401270
Original file (MD1401270.rtf) Auto-classification: Denied
ex-PFC, USMC

CURRENT DISCHARGE AND APPLICANT'S REQUEST
Application Received: 20140610
 Characterization of Service Received: (per DD 214) GENERAL (UNDER HONORABLE CONDITIONS). Narrative Reason for Discharge: (per DD 214) ALCOHOL REHABILITATIQN FAILURE
 Authority for Discharge: (per DD 214) MARCORSEPMAN 6209 [ALCOHOL REHABILITATION FAILURE ]
Applicant's Request: Characterization change to: HONORABLE
Narrative Reason change to: REQUESTED, BUT NOT SPECIFIED
SUMMAR Y OF SERVICE Prior Service:
Inactive: USMCR (DEP) 20081107-20081207 COG      Active: NONE

Period of Service Under Review: Date of Current Enlist ment: 20081208
 Period of Enlist ment: 5 Years 0 Months
Date of Discharge: 20090925
 Length of Service: 00 Year(s) 09 Month(s) 18 Day(s) Education Level: 12
 MOS: NONE

Age at Enlistment: 24
Highest Rank: PRIVATE FIRST CLASS AFQT: 49

Proficiency/Conduct Marks (# of occasions): 4.2 (1 ) /4.2 (1 ) Fitness Reports: NOT APPLICABLE
Awards and Decorations (per DD 214): Rifle SS NDSM Periods of UA / CONF: NONE
 NJP: NFIR [Medical record indicates the Applicant had two NJPs while in service] SCM: NONE
 SPCM: NONE
CC: NONE
Retention Warnin g Counseling: 1

• 20090730: For your violation of Article 86.

TYPE S OF DOCUMENT S SUBMITTED/ REVIEWED

Related to Military Service:
 DD 214:  [X]      Service/Medical Record: [X]      Other Records:   [ ]

Related to Post-Service Period:
Employment:      [ ]       Finances:        [ ]       Education/ t raining:     [ ]
Health/Medical Records:  [ ]       Rehabilitation/T reatment: [ ]     Criminal Records:        [ ]
Personal Documentation:  [ ]       Community Service:       References:     
Depar1ment of VA letter:         [ ]       Other Documentation:     [ ]
Additional Statements:
 From Applicant:  [ ]       From/To Representation: [ ]       From/T o Congress member :          [ ]


Drawn Shape (ignored-not implemented yet)


DEPARTMENT OF THE NAVY
NAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENT
APPLICANT'S ISSUES

 1. The Applicant seeks a change to his RE-code.
 2.       The Applicant contends his youth led to his rehabilitation failure.
 3. The Applicant contends his post-service sobriety warrants an upgrade.
DECISION

 Date: 20141021 DOCUMENTARY REVIEW        Location: WASHINGTON D.C.        Representation: NONE

By a vote of 5-0 the Characterization shall remain GENERAL (UNDER HONORABLE CONDITIONS).
 By a vote of 5-0 the Narrative Reason shall remain ALCOHOL REHABILITATION FAILURE.
DISCUSSION

 The NDRB, under its responsibility to examine the propriety and equity of an Applicant's discharge, is authorized to change the character of service and the reason for discharge i f such change is warranted. In reviewing discharges, the Board presumes regularity in the conduct of governmental affairs unless there is substantial credible evidence to rebut the presumption, to
include evidence submitted by the Applicant. The Applicant's record of service included one 6105 counseling warning. In addition, his VA medical report dated 18 May 2010 describes that the Applicant received two nonjudicial punishments (NJPs) while in service for his failure to show up to formation and for his failure to refrain from the use of alcohol. Based on the Applicant's Alcohol Rehabilitation Failure, his command administratively processed him for separation. When notified of administrative separation processing using the notification procedure, the Applicant waived his rights to consult with a qualified counsel and submit a written statement.
Issue 1: (Nondecisional) The Applicant seeks a change to his RE-code. Since the NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces, the NDRB is not authorized to change a reenlistment code. Only the BCNR can make changes to reenlistment codes. Additionally, the NDRB has no authority to upgrade a discharge for the sole purpose of enhancing reenlistment opportunities. An unfavorable "RE " code is, in itself, not a bar to reenlistment. A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter.
Issue 2: (Decisional) (Equity) RELIEF NOT WARRANTED. The Applicant contends his youth led to his rehabilitation failure. While the Applicant may feel his youth and immaturity were the underlying causes of his alcohol abuse, the record clearly reflects his willful misconduct and demonstrated he was unfit for further service. The evidence of record does not demonstrate the Applicant was not responsible for his conduct or that he should not be held accountable for his actions. Relief denied.
Issue 3: (Decisional) (Equity) RELIEF NOT WARRANTED. The Applicant contends his post-service sobriety warrants an upgrade. The NDRB is authorized to consider post-service factors in there-characterization of a discharge. However, there is no law , or regulation, that provides that an unfavorable discharge may he upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving the service. Normally, to permit relief, a procedural impropriety or inequity must have been found to exist during the period of enlistment in question. Besides the Applicant's statement on the DO Form 293,
 he failed to provide any documentary evidence on his behalf for post-service consideration. The Applicant could have provided documentation as detailed in the Post-Service Conduct paragraph in the Addendum with the recognition that completion of
 these items alone does not guarantee an upgrade from an unfavorable discharge as each discharge is reviewed by the Board on a
 case by case basis to determine if post-service conduct establishes that the in-service misconduct was an aberration. Without post-service documentary evidence , the Board determined the awarde d characterization of service shall remain General (Under Honorable Conditions). Relief denied.

 Summary: After a thorough review of the available evidence, to include the Applicant' s summary of service,
medical and service record entries , and discharge process , the Board found the discharge was prope r and equitable. Therefore,
 the awarded characterization of service shall remain GENERAL (UNDER HONORABLE CONDITIONS) and the narrative reason for separation shall remain ALCOHOL REHABILITATION FAILURE. The Applicant remains eligible for a personal appearance hearing for a period of fifteen years from the date of his discharge. The Applicant is directed to the Addend um for additional information.
Pertinent Regulation/Law

 A. Paragraph 6210, MISCONDUCT of the Marine Corps Separation and Retirement Manual, (MCO P1900.16E), effective 1 September 2001 until Present.

B. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, Para 211, Regularity of Government Affairs , Part V, Para 502, Propriety and Para 503, Equity .

C. The Manual for Courts-Martial authorizes the award of a punitive discharge if adjudged as part of the sentence upon conviction by a special or general court-martial for violation of the UCMJ, Article 86.










































Drawn Shape (ignored-not implemented yet)


ADDENDUM: Information for the Applicant

 Complaint Procedures : If you believe the decision in your case is unclear, not responsive to the issues you raised, or does not otherwise comport with the decisional document requirements of DoD Instruction 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Instruction to the Joint Service Review Activity, OUSD (P&R) PI-LP, The Pentagon, Washington, DC 20301-4000. You should read Enclosure (5) of the Instruction before submitting such a complaint. The complaint procedure does not permit a challenge of the merits of the decision; it is designed solely to ensure that the decisional documents meet applicable requirements for clarity and responsiveness. You may view DoD Instruction 1332.28 and other Decisional Documents by going online at “ http://Boards.law.af.mil . ”

Additional Reviews : After a document review has been conducted, former members are eligible for a personal appearance hearing, provided the application is received at the NDRB within 15 years of the Applicant’s date of discharge. The Applicant can provide documentation to support any claims of post-service accomplishments or any additional evidence related to this discharge. Representation at a personal appearance hearing is recommended but not required. There are veterans organizations such as the American Legion and the Disabled American Veterans that are willing to provide guidance to former service members in their efforts to obtain a discharge upgrade. If a former member has been discharged for more than 15 years, has already been granted a personal appearance hearing or has otherwise exhausted their opportunities before the NDRB, the Applicant may petition the Board for Correction of Naval Records (BCNR), 701 South Courthouse Road, Suite 1001, Arlington, VA 22204-2490 for further review.

 Service Benefits: The U.S. Department of Veterans Affairs (VA) determines eligibility for post-service benefits, not the NDRB. There is no requirement or law that grants recharacterization solely on the issue of obtaining veterans benefits and this issue does not serve to provide a foundation upon which the Board can grant relief.
Employment/Educational Opportunities : The NDRB has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities. Regulations limit the NDRB’s review to a determination of the propriety and equity of the discharge.

 Reenlistment/RE-code: Since the NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces, the NDRB is not authorized to change a reenlistment code. Only the BCNR can make changes to reenlistment codes. Additionally, the NDRB has no authority to upgrade a discharge for the sole purpose of enhancing reenlistment opportunities. An unfavorable “RE” code is, in itself, not a bar to reenlistment. A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter.
Medical Conditions and Misconduct: DoD disability regulations do not preclude a disciplinary separation. Appropriate regulations stipulate that separations for misconduct take precedence over potential separations for other reasons. Whenever a member is being processed through the Physical Evaluation Board, and is processed subsequently for an administrative involuntary separation or is referred to a court martial for misconduct, the disability evaluation is suspended pending the outcome of the non-disability proceedings. If the action includes either a punitive or administrative discharge for misconduct or for any basis wherein an Other Than Honorable discharge is authorized, the medical board report is filed in the member’s terminated health record. Additionally, the NDRB does not have the authority to change a narrative reason for separation to one indicating a medical disability or other medical related reasons. Only the BCNR can grant this type of narrative reason change.

Automatic Upgrades - There is no law or regulation that provides for an unfavorable discharge to be upgraded based solely on the passage of time or good conduct subsequent to leaving naval service.

 Post-Service Conduct : The NDRB is authorized to consider post-service factors in the recharacterization of a discharge. Outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review, is considered during Board reviews. Documentation to support a post-service conduct upgrade includes, but is not limited to: a verifiable continuous employment record; marriage and children’s birth certificates (if applicable); character witness statements; documentation of community or church service; certification of non-involvement with civil authorities; evidence of financial stability or letters of good standing from banks, credit card companies, or other financial institutions; attendance at or completion of higher education (official transcripts); and documentation of a drug-free lifestyle. The Applicant is advised that completion of these items alone does not guarantee the upgrade of an unfavorable discharge, as each discharge is reviewed by the Board on a case-by-case basis to determine if post-service accomplishments help demonstrate in-service misconduct was an aberration and not indicative of the member’s overall character.

Issues Concerning Bad-Conduct Discharges (BCD ): Because relevant and material facts stated in a court-martial specification are presumed by the NDRB to be established facts, issues relating to the Applicant’s innocence of charges for which he was found guilty cannot form a basis for relief. With respect to a discharge adjudged by a special court-martial, the action of the NDRB is restricted to upgrades based on clemency. Clemency is an act of leniency that reduces the severity of the punishment imposed. The NDRB does not have the jurisdictional authority to review a discharge or dismissal resulting from a general court-martial.

Board Membership: The names and votes of the members of the NDRB Board are recorded on the original of this document and may be obtained from the service records by writing to:

 Secretary of the Navy Council of Review Boards
 Attn: Naval Discharge Review Board
 720 Kennon Street SE Rm 309
Washington Navy Yard DC 20374-5023


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